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(영문) 제주지방법원 2020.11.18 2020고단1956
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 16, 2020, the Defendant was sentenced to imprisonment with prison labor for larceny in the Jeju District Court on July 16, 202 to six months, and the judgment became final and conclusive on the 24th of the same month.

Criminal facts

1. On July 20, 2020, the Defendant: (a) around 21:30 on July 20, 2020, at night, opened the door door of the above car page operated by the Victim C in Jeju-si; (b) opened the door door of the above car page which was corrected in front of the door, and entered the above car page, and did not discover it, but did not discover it.

Accordingly, the defendant, at night, tried to steals the victim's property by intrusion on the structure that the victim can receive, but attempted to do so.

2. Night theft;

A. On July 20, 2020, the Defendant: (a) entered the above restaurant through the window of the above restaurant operated by the victim E in Jeju city on July 20, 2020, which was not corrected in front of the restaurant; and (b) left the cash, which is the cash owned by the victim and kept in the safe, after going through the window of the above restaurant.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

B. At around 22:10 on July 20, 2020, the Defendant: (a) entered the above restaurant through the rear door of the above restaurant operated by the victim H in Jeju, which was not corrected in front of the restaurant; (b) and (c) took 100,000 won in cash, which is the cash owned by the victim and kept in the camera.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and H;

1. Application of field photographs, CCTV images to capture photographs and related Acts and subordinate statutes;

1. Article 330 of the Criminal Act (the occupation of larceny of night buildings) and Article 342 of the Criminal Act concerning facts constituting an offense;

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